Doctoral Program ın Prıvate Law

Legal Consequences of Breach of Contract(ÖHDR-337)

Course Code Course Name Semester Theory Practice Lab Credit ECTS
ÖHDR-337 Legal Consequences of Breach of Contract 2 3 0 0 3 7
Prerequisites
Admission Requirements
Language of Instruction Turkish
Course Type Elective
Course Level Doctoral Degree
Course Instructor(s) Mehmet ERDEM mehmeterdemus@yahoo.com (Email)
Assistant
Objective Analysis of violation of the obligation and its consequences
Content As shown under the subject headings (topics)
Course Learning Outcomes Students will gain detailed knowledge about violation of the obligation and its consequences
Teaching and Learning Methods Ex-cathedra and presentation
References Kemal Oğuzman, Turgut Öz, Borçlar Hukuku Genel Hükümler, İstanbul 2018.
Fikret Eren, Borçlar Hukuku, Genel Hükümler, İstanbul 2018.
Pierre Tercier, Pascal Pichonnaz, Murat Develioğlu, Borçlar Hukuku Genel Hükümler, İstanbul, 2016.
Pierre Tercier, Pascal Pichonnaz, Droit des obligations, Zürich, 2012.
S. Sulhi Tekinay, Haluk Burcuoğlu, Sermet Akman, Atilla Altop, Borçlar Hukuku, Genel Hükümler, İstanbul 1993.
Haluk Nomer, Borçlar Hukuku Genel Hükümler, İstanbul, 2019.
Necip Kocayusufpaşaoğlu, Borçlar Hukuku Genel Hükümler Cilt I, Filiz Kitabevi, 2017.
Pierre Engel, Traité des obligations en droit suisse, 2ème édition, 1997.
Commentaire Romand Code des obligation art. 1-529, 2ème édition, Bâle, 2012.
Print the course contents
Theory Topics
Week Weekly Contents
1 The Notion of Violation of the Obligation
2 The Default of the Creditor
3 Impossibility of Performance Arising on the Creditor's Side
4 Impossibility of the Obligation and Types of Impossibility
5 Impossibility of the Object of the Obligation
6 Impossibility Subsequent Non-Attributable to the Debtor
7 Impossibility Subsequent Attributable to the Debtor
8 Bad Performance
9 Default of the Debtor
10 Particularities of Default of the Debtor in Synallagmatic Contracts
11 Liability for Violation of Precontractual Conduct Burden and for Breach of Trust
12 Collapse of Foundation of Contract
13 Non-Liability Clause
14 Liability for the Acts of the Performance Assistant
Practice Topics
Week Weekly Contents
Contribution to Overall Grade
  Number Contribution
Contribution of in-term studies to overall grade 1 40
Contribution of final exam to overall grade 1 60
Toplam 2 100
In-Term Studies
  Number Contribution
Assignments 0 0
Presentation 1 40
Midterm Examinations (including preparation) 0 0
Project 0 0
Laboratory 0 0
Other Applications 0 0
Quiz 0 0
Term Paper/ Project 0 0
Portfolio Study 0 0
Reports 0 0
Learning Diary 0 0
Thesis/ Project 0 0
Seminar 0 0
Other 0 0
Toplam 1 40
No Program Learning Outcomes Contribution
1 2 3 4 5
1 Recognizing positive norms in private law and being able to define and explain the principals of methodology, X
2 Being able to determine, identify and restate legal problems, X
3 Being able to use legal interpretation principals in an efficient manner in order to analyze and resolve a legal problem and in order to develop a strategy, X
4 Being able to conduct academic researches on legal problems and to propose solutions, X
5 Assuming responsibility individually or collectively for resolving complicated legal problems, X
6 Being able to criticise positive norms of the law system, X
7 Being able to explain technical legal knowledge in private law in Turkish, French and English verbally or in writing, being able to report personal opinion concerning a legal problem verbally or in writing in a persuasive manner, X
8 Being able to follow up the local and international legal literature, to update technical legal knowledge permanently, to use information technology in an efficient manner in order to achieve these goals, X
9 Being able to conduct comparative academic researches between different law systems, X
10 Being able to explain and utilize academic study methodologies in order to conduct academic research on a certain legal problem. X
Activities Number Period Total Workload
Class Hours 14 2 28
Working Hours out of Class 14 8 112
Assignments 0 0 0
Presentation 1 2 2
Midterm Examinations (including preparation) 0 0 0
Project 0 0 0
Laboratory 0 0 0
Other Applications 0 0 0
Final Examinations (including preparation) 1 20 20
Quiz 0 0 0
Term Paper/ Project 0 0 0
Portfolio Study 0 0 0
Reports 0 0 0
Learning Diary 0 0 0
Thesis/ Project 0 0 0
Seminar 0 0 0
Other 0 0 0
Total Workload 162
Total Workload / 25 6,48
Credits ECTS 6
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